FWC votes 7-0 to ban controversial ‘tarpon jig’ in Boca Grande Pass

Yes, there was a little celebrating to do Thursday in Pensacola after the FWC's historic vote to ban the bottom weighted jig in Boca Grande Pass. And yes, we were there. In numbers.

Yes, there was a little celebrating to do Thursday in Pensacola after the FWC’s historic vote to ban the bottom weighted jig in Boca Grande Pass. And yes, we were there. In numbers.

This time it wasn’t even close.

After narrowly surviving a preliminary vote in June, a regulation banning the use of bottom weighted “tarpon jigs” in Boca Grande Pass was adopted by a unanimous vote Thursday, Sept. 5 by the seven-member Florida Fish and Wildlife Conservation Commission in Pensacola.

The new rule will take effect on November 1. Despite some initial confusion over which way Panama City lawyer Adrien “Bo” Rivard had actually voted, the final tally was eventually set at 7-0. Bottom line, it passed.

Before adopting the Boca Grande “jig” ban on Thursday, the commissioners shot down an 11th hour bid by Florida Tarpon Anglers Association lobbyist Lane Stephens who sought to delay action on the proposed rule by demanding the FWC first hold a series of public workshops and conduct an economic impact study prior to voting on the measure.

By land, by sea and by air. Save the Tarpon board members traveled to Pensacola to attend the FWC Commission meeting. From Left to Right: Capt. Mark Futch, Capt. Frank Davis, Capt. Tom McLaughlin, and Capt. Chris Frohlich

By land, by sea and by air. Save the Tarpon board members traveled to Pensacola to attend the FWC Commission meeting. From Left to Right: Capt. Mark Futch, Capt. Frank Davis, Capt. Tom McLaughlin, and Capt. Chris Frohlich

Stephens, speaking for FTAA vice president and Professional Tarpon Tournament Series angler Craig Abbott, unsuccessfully repeated his “economic impact” argument later in the meeting. “The assumption that jiggers can easily switch to another lure isn’t true,” Stephens said, adding that adoption of the rule would put many of his fishing guide clients out of work.

Responding to Stephens and his claim that “a ban on this tried and true method used by 65 fishing guides” could cost the state an estimated $8 million annually, Save The Tarpon Inc. Chairman Tom McLaughlin noted that the potential impact on a few dozen guides pales in comparison to the big picture.

“We don’t regulate on the effectiveness of a method of fishing. There is substantial evidence saying that by not acting, this could result in the loss of the fishery.”

“In my lifetime I’ve seen several regulations that decreased the effectiveness of certain fishing techniques,” he said. “We don’t regulate on the effectiveness of a method of fishing. There is substantial evidence saying that by not acting, this could result in the loss of the fishery.”

Commissioner Ken Wright agreed. “When you consider the effectiveness of a device or method, if it’s indeed snagging then it shouldn’t be a consideration at all,” Wright said. “This rule is not intended to change human behavior, it’s designed to protect a fish that lives to be as old as 80-years-old.”

But the jig lobbyist hinted that his clients might not be done despite losing Thursday’s vote. Stephens noted that state law “allows small businesses impacted by a rule to challenge (the FWC’s) findings.” In June, a lobbyist representing the same group and the PTTS threatened the commissioners with a lawsuit and budget cuts if the jig ban was adopted. That lobbyist, Tallahassee attorney Timothy P. Atkinson, did not appear at Thursday’s meeting.

The majority of those who spoke at Thursday’s meeting were individual anglers or representatives of a number of groups who urged the commissioners to adopt the anti-snagging regulations. Representatives of the Coastal Conservation Association and the Florida Guides Association voiced their opposition to the measure.

Following the meeting, McLaughlin said a lot of hard work went into the effort to ban the jig. “Our more than 21,000 supporters and their combined voices clearly made a difference. This has been a long time coming, and our members and supporters, our core group of volunteers, the Boca Grande Community, the people of Florida and the people around the world who embraced this cause finally made it happen,” he said.

“The FWC’s action today is more than just a message, it’s a historic step forward in protecting this iconic fishery for generations to come.”

UPDATED: The Professional Tarpon Tournament Series, via its Facebook Page, has issued a response to the FWC’s vote to ban the bottom weighted hook favored by its competitors.

In an apparent contradiction to the “economic impact” argument put forward by lobbyist Lane Stephens on behalf of the Florida Tarpon Anglers Association and its vice president Craig Abbott, the PTTS statement predicted no economic problems for the tournament or its anglers.

“This ruling will have no impact on the future of the PTTS. As demonstrated during this past season, our world class competitors have already developed new artificial lure designs that have proven to be very productive, and we’re confident additional designs will continue to be developed that meet the new definitions. In addition, anglers will still be able to utilize live bait,” according to the PTTS.

Stephens, however, told the seven commissioners that “the assumption that jiggers can easily switch to another lure isn’t true.” Stephens also predicted adoption of the rule would put many of his fishing guide clients out of work.

Meeting Notes

What’s the score? 6-1? 7-0?

Florida has a long history when it comes to counting votes. Thursday’s FWC meeting was no exception – minus the “hanging chads,” that is.

So, was the vote 6-1 or 7-0? While the math wouldn’t have changed the outcome, the actual tally remained a mystery for about five hours on Thursday. It took FWC Marine Fisheries Management spokesman Amanda Nalley, who initially said 6-1 based on what she saw on the record, to solve the numbers puzzle by going directly to the source.

Why the confusion? When the vote was called, there was some question whether commissioner Adrien “Bo” Rivard had been a yea or a nay. Sensing this, Rivard apparently replied “no, I’m with you guys.” Unfortunately, the clerk only heard the “no” part, and Rivard became the “one” in a vote that was officially recorded as 6-1. Meanwhile, new FWC Chairman Richard A. “Dick” Corbett was thanking the commissioners for their “unanimous” vote.

With her cell phone overheating from media calls all asking the same question, Nally said FWC staff eventually decided to take the bull by the horns. They asked Rivard. And the vote went from an official 6-1 to an unofficial unanimous. But even though the Boca Grande rule is a done deal, it appears Rivard will have  to wait until November 20 when the FWC meets in Ft. Lauderdale to correct his vote and officially close the book on this one.

So, if you read somewhere that the vote was 6-1, it was. Even though it was actually 7-0. It’s a Florida thing.

Are we still in Florida?

Many local supporters of the FWC’s rule banning the bottom weighted hook had no choice to make the 520 mile trek across the state to Pensacola for Thursday’s meeting. But for Ryan Hawks, the Crowne Plaza Pensacola Grand Hotel was little more than a commute. Hawks, an avid angler and supporter of Save The Tarpon’s efforts, lives in nearby Fort Walton Beach. Needless to say, his 41 mile drive was the envy of everyone with a Southwest Florida Zip Code.

Ryan made an effective local case – local for those in the Central Time Zone, that is – for the new anti-snagging rules. “On behalf of all the tarpon anglers in the area, we strongly endorse the proposed gear restrictions,” he told the commissioners. “We share the same fishery. As the Pass goes, so goes the entire fishery.”

On the other hand, when tarpon season rolls around next year, Ryan gets to make the 520 mile drive to Boca Grande Pass. But no matter. Pensacola, and those 520 miles, turned out to be well worth the trip.

Comments

  1. JB says

    “Representatives of the Coastal Conservation Association and the Florida Guides Association voiced their opposition to the measure.”

    Am I reading this correctly, in context? The CCA opposed the measure to ban bottom-weighted jigs?

  2. martin gutfreund says

    A great day for the real sportsmen who fish Boca Grande in Tarpon season. Now is the time to send hundreds-thousands of Thank You notes to the Commissioners for their good judgment and courage to do what ‘s right for Florida. Invite the Commissioners to come to the Island next Tarpon Season and let them experience the hospitality of Boca people people first hand. A block party featuring the Boca Bande with everyone cheering the Commissioners… Boca’s new ” Magnificent Seven” !

  3. Robert says

    JB, I was thinking the same thing. Apparently the CCA is actually opposed to the ban. Per their website:

    Friday, 23 August 2013 18:34
    Last Updated on Saturday, 31 August 2013 23:33
    Written by Administrator
    Our Association sometimes finds itself in the middle of an issue on which we have many members on both sides. That is case with one of the new regulations the Florida Fish and Wildlife Conservation Commission proposed at its June, 2013 meeting relating to tarpon fishing, which applies particularly during the spawn in Boca Grande Pass. We want our members to be informed and understand how and why CCA Florida formulates its positions on these issues.

    Differing methods of fishing for tarpon in Boca Grande Pass have engendered impassioned feelings and emotions for decades now. Over 10 years ago, the FWCC commissioned a study to see if there was a difference in release mortality between tarpon caught in the old, traditional method – using live bait – and those caught using jigs. That study, which was peer reviewed, concluded that there is no significant difference in release mortality between the 2 methods. On the basis of that study – which remains the only such study of which we are aware – CCA Florida adopted the position that no additional regulations governing methods of fishing for tarpon were warranted.

    That study has now been discredited to some degree – completely so in the view of some. If one assumes that the study was flawed, that does not mean that the opposite conclusion is now true – it means that we are back to having no study that establishes anything. Nonetheless, the FWCC has decided to propose some new rules for tarpon fishing. CCA Florida supported the new rule making tarpon a catch and release fishery, and we are in complete support of the proposed rule prohibiting the snagging of tarpon (although our position is that only the intentional snagging of tarpon should be prohibited as every angler unintentionally foul hooks/snags a fish at some point).

    The last proposed rule would limit the use of bottom weighted jigs while fishing for tarpon, which is a popular method used during the spawn in Boca Grande Pass. CCA Florida’s Government Relations Committee – which is made up of 45 members from across our entire State – voted unanimously not to support this new rule – the entire rationale in doing so is that there simply is no scientific evidence demonstrating a need for the new rule. Insisting that the management of our fisheries be pursued using credible science has served us well, and the charged emotions involved in the Boca Grande tarpon fishery are no basis for us to change that approach.

  4. Captain Mark Futch says

    The CCA and Ted Forsgren as well as Trip Aukeman (Director of Advocacy) is a joke! Forsgren has been fighting this effort since the beginning. That organization among others was responsible for the destruction of the very fishery that started sport fishing in America. I can’t believe they use the word conservation in their name! It is time the members remove Forsgren as their director.

  5. JB says

    Thanks for posting the CCA Florida statement. I understand their position, but am still somewhat surprised that they elected to oppose the measure, rather than remain neutral.

  6. Capt Fred says

    I want to THANK all of you, who put your time into making this change happen. This will in the long run; be a positive move for ALL of use who fish on these Florida waters. I was also concerned that CCA would be against protecting a so very important fishery. A special thanks to Rhett.

  7. BC fisherman says

    Very interesting story about fisheries management. WE had similar problems with salmon here in the north, and it is good to see practices that endanger a fishery are stopped by the hard work of dedicated people who wan tto conserve the fish.

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